Seventh Circuit certifies pollution exclusion question to Illinois Supreme Court
Source: https://www.insurancebusinessmag.com/, April 21, 2025
By: Matthew Sellers
In a case with sweeping implications for pollution exclusions in commercial general liability insurance, the US Court of Appeals for the Seventh Circuit has certified a key question to the Illinois Supreme Court: whether emissions conducted under a regulatory permit fall within the scope of a pollution exclusion in a standard-form CGL policy.
The dispute arises from long-running tort litigation in Illinois involving alleged injuries caused by ethylene oxide (EtO) emissions in Willowbrook, Illinois. Griffith Foods International Inc., and later Sterigenics US, operated a sterilization plant that emitted EtO over a period of 35 years. In 1984, Griffith obtained a construction and operating permit from the Illinois Environmental Protection Agency, informing the agency of anticipated EtO emissions. The IEPA issued the permit without specifying a limit on the amount of emissions. Read more.
